A member of a Hindu Undivided Family solemnizes a marriage under the Special Marriage Act, of 1954. What is the effect of such marriage on his status as a member of the joint or undivided family?

Question: A member of a Hindu Undivided Family solemnizes a marriage under the Special Marriage Act, of 1954. What is the effect of such marriage on his status as a member of the joint or undivided family?

Find the answer only on Legal Bites. [A member of a Hindu Undivided Family solemnizes a marriage under the Special Marriage Act, of 1954. What is the effect of such marriage on his status as a member of the joint or undivided family?]

Answer

Normally, when a person marries another Hindu, there is no impact on the right of that individual in terms of succession and inheritance. In addition to that, a Hindu woman even continues to be part of the coparcenary in her father’s Hindu Undivided Family. However, a married woman does not become a coparcener in her in-law’s HUF.

There are two scenarios that an individual can come across when it comes to marriage in Hindu Law:

(a) Marriage between Hindus and

(b) Inter-Religious Marriage.

In the first case, there is no issue as has been discussed above. However, complications arise when there happens an inter-religious marriage.

Marriage between a Hindu and a person belonging to another religion may be validly solemnized in two ways:-

• Under the procedure laid down by the Special Marriage Act, 1954, without religious conversion of either of the parties; or
• Under personal law of religion by religious conversion of one of the parties to such religion, if required.

The present question pertains to the solemnization of marriage under the Special Marriage Act, 1954.

If a person is a Hindu and a coparcener in the Hindu Undivided Family, then he can get married to a person of another faith under the provisions of the Special Marriage Act and will sever his status as a coparcener of the Hindu Undivided Family. In pursuance of this, the share of the person becomes defined and vests separately as was decided in the case of Mira Devi v. Aman Kumari, AIR 1962 MP 212. Hence, the person after marriage cannot claim any right of survivorship in the joint family’s property. The above-mentioned provision is enshrined in Section 19 of the Act. However, the person will remain eligible to inherit property through the process of intestate succession.

Impact on Succession

The succession of such a person who dies intestate will be governed by the Indian Succession Act, 1925 and not Hindu Succession Act, 1956. This principle is carried forward in the cases where intestate succession occurs with respect to children of such persons.

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